Pankaj Kumar Kamat @ Prem Kumar @ Pankaj Kumar Kamait v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17789 of 2026 Arising Out of PS. Case No.-49 Year-2026 Thana- LADANIA District- Madhubani ====================================================== Pankaj Kumar Kamat @ Prem Kumar @ Pankaj Kumar Kamait Son of Ram Chaudhary @ Ram Udgar Kamait Resident of Village - Majhora, Ward no. 2, Mahrajpur Palika, P.S. - sonbarsha, District - Sirha, Nepal. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Subhash Kumar Jha, Advocate For the Opposite Party/s :
Ms.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-03-2026 Heard Mr.Subhash Kumar Jha,learned counsel for the petitioner and Ms.Gulnar Begum, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 10.02.2026 in connection with Ladaniya P.S. Case No. 49 of 2026, corresponding to G.R.No.190 of 2026, F.I.R. dated 09.02.2026 registered for the offence punishable under Sections 274,275,3(5) of B.N.S.,2023 and Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2022.
3. Recovery is of 122.400 liters of illicit Nepali liquor.
4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. In fact the
Patna High Court CR. MISC. No.17789 of 2026(2) dt.17-03-2026 2/3 police has planted the same and shown the recovery has been made from the motorcycle of the petitioner. Learned counsel for the petitioner submits that there is non-compliance of Sections 103 and 105 of BNSS, 2023 and the petitioner is in custody since 10.02.2026.
5. Learned APP for the State has opposed the prayer for bail of the petitioner.
6. Considering the aforesaid fact, petitioner has clean antecedent, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Madhubani in connection with Ladaniya P.S. Case No. 49 of 2026, corresponding to G.R.No.190 of 2026, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
Patna High Court CR. MISC. No.17789 of 2026(2) dt.17-03-2026 3/3 (III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T